373. Transfer of building society mortgage.

On the transfer of a building society mortgage the mortgagor should be a party, as it is doubtful whether the transferee can exercise the express power of sale which is usually contained in such a mortgage1, for he is not in the same position as the society in regard generally to the exercise of the society's powers as mortgagee2. The necessity for joining the mortgagor is avoided if the mortgage makes provision for transfer3. If, however, the loan is made by a mortgagee acting for purposes of his business to a consumer, a term which gives the mortgagee the

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